UP government likely to withdraw cases against Yogi Adityanath

The Yogi Adityanath government will withdraw riot cases if they are “politically motivated”, said Brijesh Pathak, the UP minister for law and justice.

The law minister had said the government plans to withdraw all such cases that were filed due to political reasons. “Even if it is a riot case and administrative scrutiny proves it to be a politically motivated case we will withdraw cases,” said Pathak.

In the garb of Muzaffarnagar riots, the Uttar Pradesh Government also plans to withdraw criminal cases against Chief Minister Yogi Adityanath terming them as “politically motivated” even as BSP and SP have decided to challenge this order in the court.

When asked if this would include cases against Yogi Adityanath, the minister shot back: “Why not. If these are politically motivated cases, then these too will be withdrawn after a proper scrutiny”

The minister went on to add that political leaders of all hue met him and demanded that politically-motivated cases should be withdrawn. “I have got the list with me. There is no malice or prejudice towards anyone,” he said.

“Samajwadi Party will challenge this order in the Court. This order is aimed at giving Hindu rioters a reprieve,” says Ram Govind Chaudhry, UP leader of Oppostion.

The BSP state president Ram Achal Rajbhar said the decision of the BJP government to withdraw cases against those charged with murder and arson in riots was politically motivated.

This is second time this government had taken a decision to withdraw political cases against leaders. On December 28, 2017, the government had withdrawn around 20,000 cases, which they had claimed was “non serious”, following which a 22-year-old case against Yogi Adityanath was also withdrawn.

Earlier this month, Yogi Adityanath got a major reprieve from the Allahabad High Court when it dismissed the revision petition seeking to file a criminal case against him in connection with the Gorakhpur riots in 2007. Passing an order on the revision petition filed by Rashid Khan, Justice BK Narayana, however, directed the CJM Gorakhpur to the decide the matter afresh while dismissing the revision petition. The verdict was earlier reserved by the High Court on December 22, 2017.

There are around a dozen criminal cases pending against Chief Minister under which he has already been charge sheeted.

“There is a procedure under section 321 of the code of criminal procedure where cases cab be withdrawn by the state government,” said Umesh Kumar, Principal Secretary-Law. The application for the withdrawal of cases will be forwarded to the respective District Magistrates. The DM’s report will be put before a two member committee consisting of a Principal Secretary (Home) and Principal Secretary (law).

The committee will then send a report to the state government and once the law department approves the report, the cases will be withdrawn.

List of cases against Yogi

• Charges related to Attempt to murder. (IPC Section 307)
• 1 case related to criminal intimidation. (IPC Section 506)
• 1 case related to Intentional insult with intent to provoke breach of the peace. (IPC Section 504)
• 1 case for endangering life or personal safety of others.
• 2 cases for trespassing on burial places (IPC Section 297)
• 2 cases for rioting, armed with deadly weapon (IPC Section 148)
• 3 cases as punishment for rioting. (IPC Section 147)
• 2 cases for promoting enmity (IPC Section 153 A)
• 2 cases for defiling a place of worship (IPC Section 295)
• 1 case for promoting mischief by fire or explosive substance with intent to cause damage (IPC Section 435)